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BURKE v. KENNY

6 N.J. Super. 524 (1949)

69 A.2d 757

FRANCIS X. BURKE, PLAINTIFF, v. JOHN V. KENNY, DONALD SPENCE, LOUIS MESSANO, CHARLES WITKOWSKI, JAMES F. MURRAY, INDIVIDUALLY AND AS THE BOARD OF COMMISSIONERS OF THE CITY OF JERSEY CITY, JAMES A. TUMULTY AND CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 12, 1949.

Attorney(s) appearing for the Case

Mr. Charles A. Rooney, attorney for plaintiff.

Mr. John B. Graf, attorney for defendants.

PROCTOR, J.S.C.

Francis X. Burke, in these proceedings, seeks a judgment "that plaintiff is the lawfully appointed and functioning City Clerk of the City of Jersey City and that the appointment of the defendant, James A. Tumulty, is illegal and void, and further seeks a judgment of this court that plaintiff is entitled to receive the salary and emoluments of the office from the 17th day of May, 1949, and to be restored to the possession and custody of the office of...

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